Adverse Possession: Open and Notorious Possession

This lesson focuses upon the requirement that an adverse possession claim must be based upon possession that is sufficiently "open and notorious." The lesson discusses the rationale behind the "open and notorious" requirement and the way in which the "open and notorious" requirement relates to the other elements of the common law adverse possession rule. The lesson includes problems designed to test student understanding of this element in a variety of different factual settings, including "open lands" (large, unenclosed parcels of land not suitable for cultivation or development), subsurface rights, and minor boundary line encroachments.